Working in the United States
Optional Checklist for Petitioners Requesting H-2A Nonimmigrant Agricultural Workers
General Petition Requirements
A complete and properly signed USCIS Form I-129, Petition for a Nonimmigrant Worker. See www.uscis.gov/i-129 for the most recent instructions.
A complete and properly signed “H Classification Supplement to Form I-129” (Pages 11 and 13-15 of Form I-129).
Note: Submitting a signed contract between an employer and the agent-petitioner or association does not replace the need for signatures from the employers in the H supplement.
Payment of the base petition fee, currently $325. Check current fees at www.uscis.gov/fees.
An approved Temporary Employment Certification (ETA Form 9142) from DOL.
Note: You must submit the original ETA Form 9142. If you are filing a subsequent petition using an ETA Form 9142 that was already submitted to USCIS in a previous petition, instead provide:
OPTIONAL: A cover letter from the petitioner or employer on his or her official letterhead describing:
OPTIONAL: Evidence of the petitioner’s continued business operations under either the actual business name and trade-name/doing business as (DBA) (if applicable), such as copies of the most recent:
Additional Documentation to Show the Worker Qualifies for H-2A Employment
If the workers are named on the petition and the ETA Form 9142 states the workers require certain education, training, experience or other special requirements, provide documentation to show that each worker qualifies for the job offered.
If you are requesting a change of status or extension of stay, provide evidence of each worker’s previous nonimmigrant classification and maintenance of status. This evidence may include copies of the worker’s most recent paystubs.
If you are filing an amended petition due to the unavailability of originally requested H-2A workers, provide: